Public procurement is becoming more and more professional, and each individual operation requires the use of specialized tools. One of them was the appearance of the Institute of Authorized Persons, designed to replace the work of Procurement commissions.
Let's consider the actions that customers must perform according to the new law during the preparation for procurement activities. In addition, it is important to know who is called an authorized person, its functions, appointment procedure, requirements and how the customer can determine a sufficient number of authorized persons.
The task of the Authorized person is to act as an alternative to the Tender committee. Before the new law was put into effect, customers also had the opportunity to involve an Authorized person to bring some individual procedures related to procurement, or as a complete replacement for the actions of the Tender committee.
The decisions taken by the Authorized person are entered into the protocol signed by this person. Organizations can get samples of such protocols compiled by experts specifically for conducting publicly open transactions in the system "Prozorro" on the Internet platform.
Simplified transactions can be performed only by Authorized persons
On April 19, the provisions stipulated by the new law came into force. According to its provisions, it is provided that simplified procurements are carried out only through Authorized persons. In addition, the new law provides for the provision of reports in cases where the procurement agreements were concluded not in the electronic system "Prozorro".
At the same time, a simplified procurement becomes mandatory for an Authorized person if the customer wants to go through such a procedure. The new law provides for transitional provisions of the amended law, customers have the opportunity to switch to the Institute of Authorized Persons gradually, until the beginning of 2022. Until January 1, the customers do not need to make purchases through the Authorized persons. They can prepare, organize and conduct procurement procedures through an established tender committee.
At the same time, the simplified procurements, according to the new law, are not considered procurements. Therefore, for them to be carried out now, the customers must necessarily switch to work with Authorized persons. At the same time, such a person may simultaneously be a member or chairman of the Tender committee established for conducting ordinary procurements. It is allowed only in cases where the simplified and ordinary procurements do not relate to the same order or purchase.
Simplified procurement, according to the articles of the new law in the system "Prozorro" is the one in which no more than 50 thousand hryvnias are paid for the service rendered, the work performed or the purchase (paragraphs 1 and 2 of part 1 of Article 3). This figure increases to 200 thousand hryvnia for customers specified in paragraphs 1-3 of part 1 of Article 2 of the Law, the figure reaches 1 million hryvnia when buying or ordering services for those designated in paragraph 4 of part 1 of Article 2, and up to 5 million hryvnia when ordering works.
Tips for preparing for the implementation of Authorized persons
For customers who participate in placing orders in "Prozorro", it is advisable to prepare for future changes right now. This will allow to determine how many Authorized persons will be required for full-fledged work.
Since, according to the new law, it is still necessary to appoint Authorized persons for conducting simplified purchases, it is desirable to do this earlier.
The law stipulates that the Authorized person is obliged to confirm the level of knowledge necessary to work with procurements. To do this, you will need to pass a free test. The testing procedure has not yet been finalized. Testing will take place on the web-portal of the Ministry of Economic Development, it is planned that the program will be launched and used before the end of 2021.
Duties of Authorized persons
The duties and rights of the Authorized persons do not differ from those which the tender committees have. Their functions include:
- procurement planning;
- formation of an annual plan in "Prozorro";
- choosing a procedure;
- conducting procurements;
- saving documentation.
If there is a need to form a working group, an Authorized person heads it. The decisions taken by such a group are advisory in nature, and the real responsibility is borne by the Authorized person.
What customers need to consider in 2022?
The tender committees will cease their activities together with the onset of 2022. If the procurement management has not been transferred to an Authorized person before, this must be done. The latter must have a certain level of knowledge that allows them to easily pass the test. The tender committees are legal until the beginning of 2022, but their existence is canceled from January 1.
Only an Authorized person is responsible for conducting procurements from January 1, 2022. Until then, only an Authorized person conducts accelerated procurements.